ACCEPTANCE OF TERMS AND CONDITIONS
The Site provides an interactive online service operated by Crowd Cut, LLC. on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities facilitated through Crowd Cut, offering vouchers for sale ("Vouchers") which may be exchanged for goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Crowd Cut, and Crowd Cut shall not be responsible for any data lost while transmitting information on the Internet. While it is Crowd Cut's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Crowd Cut, access to the Site may be interrupted, suspended or terminated from time to time.
Crowd Cut shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Crowd Cut may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
2. Modified Terms.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Crowd Cut shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
4. Copyright and Trademarks.
All site design, graphical user interface, text, graphics and the selection and arrangements thereof, are the property of Crowd Cut.com, LLC or its content suppliers and are protected by U.S. and other international copyright laws. Any unauthorized use of the materials appearing on Crowd Cut.com, LLC's website or printed material is in violation of copyright, trademark and/or other applicable laws and could result in criminal or civil penalties. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF CROWD CUT, LLC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Crowd Cut owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Crowd Cut or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Crowd Cut shall not be deemed to be in the public domain but rather the exclusive property of Crowd Cut, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Crowd Cut unless otherwise stated.
5. Terms for Restaurant Specific Vouchers
These terms set forth the conditions for Crowd Cut vouchers in regards to restaurants and other food merchants.
6. Terms for Non-Restaurant Specific Vouchers
7. Terms Applicable to both Restaurant and Non-Restaurant Vouchers
8. Refer a Friend Program.
9. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER'S SOLE RISK. NEITHER CROWD CUT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CROWD CUT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability.
IN NO EVENT SHALL CROWD CUT, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL CROWD CUT'S LIABILITY IN CONNECTION WITH A CROWD CUT EXCEED THE AMOUNTS PAID FOR SUCH CROWD CUT, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Crowd Cut shall have the right, but not the obligation, to monitor the content of the Site at all times. Without limiting the foregoing, Crowd Cut shall have the right, but not the obligation, to remove any material that Crowd Cut, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
13. License Grant.
By posting communications on or through this Site, End User shall be deemed to have granted to Crowd Cut a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Crowd Cut, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Site.
End User is solely responsible for interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, End User hereby releases Crowd Cut from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Crowd Cut may terminate this Agreement at any time. Without limiting the foregoing, Crowd Cut shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Crowd Cut, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.
Crowd Cut is a trademark of Crowd Cut, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Crowd Cut are the property of their respective owners.
17. Third-Party Content.
Crowd Cut contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Crowd Cut of the contents on such third-party sites, and Crowd Cut hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Crowd Cut expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Crowd Cut reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Crowd Cut established by Crowd Cut, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Crowd Cut arising out of, relating to, or connected in any way with this Agreement, this Sites or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Crowd Cut; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or Crowd Cut's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Crowd Cut will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Crowd Cut shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
or Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.
II.TERMS OF SALE
Crowd cut does not refund vouchers. All sales are final. If a deal is still live, we will refund your purchase with reasonable justification. You must use your purchased voucher within the designated time frame indicated with each deal. If you don't not use your voucher(s) within the time frame noted in the deal, it is no longer valid and no refunds will be issued by Crowd Cut or the Merchant.
NOTE: Should a business close prior to voucher expiration date, Crowd Cut will apply a Crowd Cut credit on the subscriber's account equal to the amount initially paid.
The Voucher you purchase through Crowd Cut is redeemable for goods or services by the Merchant. The Merchant, not Crowd Cut, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Crowd Cut sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Crowd Cut, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher's expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the even that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact Crowd Cut [and explain your situation in writing] and Crowd Cut will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from Crowd Cut.